THIS PAGE NOT FOR PUBLICATION
Title of Rule: / Revision to the Child Health Plan Plus Eligibility Rule for Exemption of Census Income, Section 150Rule Number: / MSB 09-03-16-A
Division / Contact / Phone: / Child Health Plan Plus / Annie Lee / 303.866.3663
SECRETARY OF STATE
RULES ACTION SUMMARY AND FILING INSTRUCTIONS
SUMMARY OF ACTION ON RULE(S)
1. Department / Agency Name: / Health Care Policy and Financing / Medical Services Board2. Title of Rule: / MSB 09-03-16-A, Revision to the Child Health Plan Plus Eligibility Rule for Exemption of Census Income, Section 150
3. This action is an adoption of: / an amendment
4. Rule sections affected in this action (if existing rule, also give Code of Regulations number and page numbers affected):
Sections(s) Section 150.1.Q, Colorado Department of Health Care Policy and Financing, Medical Assistance (10 CCR 2505-3).
5. Does this action involve any temporary or emergency rule(s)? / Yes
If yes, state effective date:
Is rule to be made permanent? (If yes, please attach notice of hearing). / Yes
PUBLICATION INSTRUCTIONS*
Please replace current text beginning at §150 CALCULATION OF FAMILY INCOME through the end of §150.2.
This rule is effective 06/30/2009.
*to be completed by MSB Board Coordinator
THIS PAGE NOT FOR PUBLICATION
Title of Rule: / Revision to the Child Health Plan Plus Eligibility Rule for Exemption of Census Income, Section 150Rule Number: / MSB 09-03-16-A
Division / Contact / Phone: / Child Health Plan Plus / Annie Lee / 303.866.3663
STATEMENT OF BASIS AND PURPOSE
1. Summary of the basis and purpose for the rule or rule change. (State what the rule says or does and explain why the rule or rule change is necessary).The class of persons that will be affected and benefit from this proposed rule change are Children's Basic Health Plan program clients.
2. An emergency rule-making is imperatively necessary
to comply with state or federal regulation and/or
for the preservation of public health, safety and welfare.
Explain:
This rule will prevent families from losing income eligibility for CHP+ benefits due to income from temporary employment related to U.S. Census 2010 activities. According to the U.S. Census Bureau's timeline for the 2010 Census, census employees are scheduled to begin their work in Spring 2009. Therefore, census employees are already at work, and it is imperative that the income exemption be in place as soon as possible to prevent an interruption in health care coverage for CHP+ clients.
3. Federal authority for the Rule, if any:
42 CFR §457.320(9)
CMS letter to State Health Officials dated Feburary 18, 2000 - specifically encourages states to exempt income from Census 2000 for purposes ofMedicaid and SCHIP eligibility (available at http://www.cms.hhs.gov/smdl/downloads/smd021800.pdf).
4. State Authority for the Rule:
25.5-1-301 through 25.5-1-303, CRS (2008)
Initial Review / Final Adoption / 05/08/2009
Proposed Effective Date / 04/10/2009 / Emergency Adoption / 04/10/2009
DOCUMENT #03
THIS PAGE NOT FOR PUBLICATION
Title of Rule: / Revision to the Child Health Plan Plus Eligibility Rule for Exemption of Census Income, Section 150Rule Number: / MSB 09-03-16-A
Division / Contact / Phone: / Child Health Plan Plus / Annie Lee / 303.866.3663
REGULATORY ANALYSIS
1. Describe the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.
The class of persons that will be affected and benefit from this proposed rule change are Children's Basic Health Plan program clients.
2. To the extent practicable, describe the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.
Parents will be able to accept temporary census employment and maintain medical coverage for their children--without having to make a choice between employment or health care.
3. Discuss the probable costs to the Department and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.
The exemption of census income will not have any fiscal impact.
4. Compare the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.
The effect of inaction would potentially cause families to lose CHP+ eligibility for the period of time they are receiving income related to the census. This would also be an administrative burden on eligibility sites who act on these temporary income changes.
5. Determine whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.
N/A
6. Describe any alternative methods for achieving the purpose for the proposed rule that were seriously considered by the Department and the reasons why they were rejected in favor of the proposed rule.
None.
150 CALCULATION OF FAMILY INCOME
150.1 Income includes all employment, self-employment, and unearned income, with the following exceptions: Eff. 07/30/2007
A. College grants and scholarships; Eff. 07/30/2007
B. Grants from non-profit, tax-exempt, charitable foundations specifically for cost sharing; Eff. 07/30/2007
C. Child support and foster care payments; Eff. 07/30/2007
D. Food stamps and Women, Infants, and Children (WIC) payments; Eff. 07/30/2007
E. Assistance provided by non-profit organizations, if the assistance is need-based (i.e. the cost of meals at a soup kitchen); Eff. 07/30/2007
F. Settlements; Eff. 07/30/2007
G. Stipends; Eff. 07/30/2007
H. College loans; Eff. 07/30/2007
I. Medical care provided for free or if a third party made the payments; Eff. 07/30/2007
J. Payments by credit life or disability insurance; Eff. 07/30/2007
K. Proceeds of a loan; Eff. 07/30/2007
L. Disaster relief assistance; Eff. 07/30/2007
M. Tax refunds; Eff. 07/30/2007
N. Moving expenses paid by employer for relocation; Eff. 07/30/2007
O. Income of children less than 19 years of age; and Eff. 07/30/2007
P. Children’s Basic Health Plan premium assistance program payments Eff. 07/30/2007
Q. Effective April 10, 2009, all wages paid by the United States Census Bureau for temporary employment related to U.S. Census 2010 activities.
150.2 Verification of earned income may be provided through the submission of documents as described in section 130.1 A. Verification of earned income shall be provided for the month of application or the month prior to the month of application, if the verification is not yet available for the application month. Estimated income may be used to determine eligibility if the applicant provides income verification for any part of the application month. Eff. 07/30/2007